STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2019-26521-A
					)
RAYBESTOS POWERTRAIN, LLC,					)
					)
Respondent.					)

AGREED ORDER

Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein. Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

I. FINDINGS OF FACT

1. Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Raybestos Powertrain, LLC (“Respondent”), which owns and operates the stationary automotive parts manufacturing plant with Plant ID No. 107-00007, located at 1204 Darlington Avenue in Crawfordsville, Montgomery County, Indiana (“Site”).

3. IDEM has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via Certified and Electronic Mail to:

Lorenzo Muhammad, Executive in Charge Raybestos Powertrain, LLC 1 Tower Lane, Suite 2650 Oakbrook Terrace, IL 60181

CT Corporation System, Registered Agent Raybestos Powertrain, LLC 150 W Market Street, Suite 800 Indianapolis, IN 46204 wkuslawdept@wolterskluwer.com

5. During an investigation including an inspection on September 18 and 20, 2019 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part 70 Operating Permit No. 107-35705-00007 (“Permit 35705”) Conditions D.4.6 and C.13 and corresponding conditions in subsequent permits, Respondent shall operate the thermal oxidizer RTO-1 at or above the three-hour average temperature, as determined during the most recent compliant stack test, and take reasonable response steps when the three-hour average is below that temperature.

Respondent failed to take reasonable response steps when the three-hour average temperature of RTO-1 was below the minimum temperature determined during the December 22, 2016 stack test on multiple dates between March 6, 2017 and September 20, 2019, in violation of Permit 35705 Conditions D.4.6 and C.13 and corresponding conditions in subsequent permits.

b. Pursuant to Permit 35705 Conditions D.5.5 and C.13 and corresponding conditions in subsequent permits, Respondent shall operate the thermal oxidizer for the paper saturation operation P013 at or above the three-hour average temperature, as determined during the most recent compliant stack test, and take reasonable response steps when the three-hour average is below that temperature.

Respondent failed to take reasonable response steps when the three-hour average temperature of the thermal oxidizers associated with the paper saturation operation were below the minimum temperature determined during the May 3, 2016 stack test, on multiple dates between March 6, 2017 and September 20, 2019, in violation of Permit 35705 Conditions D.5.5 and C.13 and corresponding conditions in subsequent permits.

c. Pursuant to Permit 35705 Conditions D.5.7(a)(3) and C.13 and corresponding conditions in subsequent permits, Respondent shall maintain continuous temperature records, on a three-hour average basis, for the thermal oxidizer associated with the paper saturation operation, P013 and the three-hour average temperature as determined during the most recent stack test.

Respondent failed to maintain continuous temperature records for the thermal oxidizer associated with the paper saturation operation, P013 from March 6, 2017 and September 20, 2019, in violation of Permit 35705 Conditions D.5.7(a)(3) and C.13 and corresponding conditions in subsequent permits.

d. Pursuant to Permit 35705 Condition C.17 and corresponding conditions in subsequent permits, Respondent shall submit a Quarterly Deviation and Compliance Monitoring Report, detailing any deviations from permit requirements as well as their dates and causes, by no later than thirty (30) days after the end of the quarter being reported.

Respondent failed to note all identified violations between Second Quarter 2017 and Third Quarter 2019 in their Quarterly Deviation and Compliance Monitoring Reports, in violation of Permit 35705 Condition C.17 and corresponding conditions in subsequent permits.

6. Respondent has updated the set points on RTO-1 and the thermal oxidizers associated with the paper saturation operation to temperatures that should allow for continuous compliance with the three-hour minimums established during the units’ respective stack tests.

7. Respondent has provided continuous temperature records for RTO-1 and the thermal oxidizers associated with the paper saturation operation for the period between March 6, 2017 and September 18, 2019 to IDEM and has trained staff on how to access those records in the future to allow for expeditious inspection and review.

8. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and waives any right to administrative and judicial review of this Agreed Order.

II. ORDER

1. This Agreed Order shall be effective (“Effective Date”) when it is approved by Complainant or Complainant’s delegate and has been received by Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with Part 70 Operating Permit No. 107-42781-00007 unless superseded by a permit renewal or modification.

3. All submittals required by this Agreed Order, unless IDEM notifies the Respondent otherwise in writing, shall be sent to:

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Forty Thousand Two Hundred Fifty Dollars ($40,250). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth day being the “Due Date.”

5. Civil penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. In the event that the monies due to IDEM pursuant to this Agreed Order are not paid on or before their Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified in Paragraph 5, above.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.

12. This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit. This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

13. Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation. Additionally, IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of Respondent’s efforts to comply with this Agreed Order.

14. Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the violations specified in the NOV.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. EPA”) or any other agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the U.S. EPA or any other agency or entity.

16. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued a Resolution of Case letter to Respondent.

TECHNICAL RECOMMENDATION:			RESPONDENT:
Department of Environmental Management			Raybestos Powertrain, LLC
By:			By:
	David P. McIver, Chief		Printed:
	Enforcement Section		Title:
	Office of Air Quality
Date:			Date:
COUNSEL FOR COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2022.
			For the Commissioner:
			Signed on September 21, 2022
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management